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07-27-2006 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • JULY 27, 2006 Present: Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Judy M. Pierman, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, Mayor ROLL CALL Vice Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present, except Mayor Norris, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE - Councilman-O'Meilia-gave-the-invocation, and President Pro- Tem- Manuel led the-public in the Pledge of Allegiance to the Flag. • AWARDS AND RECOGNITION On behalf of the Village Council, Vice Mayor Eissey presented Assistant Public Safety Director George Warren with a plaque and check in recognition of his 30 years of service to the Village. Vice Mayor Eissey proclaimed August 7 - 11, 2006 as "Florida Water, Wastewater, and Systems Operators Week" in the Village of North Palm Beach. Mr. Garry Baker, II, Region VI Director and Mr. Phil Donovan, President, were present on behalf of the Florida Water & Pollution Control Operators Association to accept the proclamation. Mr. Donovan introduced representatives from Seacoast Utilities and the City of West Palm Beach, as well as State Representative Carl Domino. APPROVAL OF MINUTES Minutes of the Special Session held 7/6/06 and Minutes of the Regular Session held 7/13/06 were approved as written. BILL 1206 ENACTED AS ORDINANCE 2006-12 -COUNTRY CLUB RATES FOR GOLF PLAY AND MEMBERSHIP President Pro Tem Manuel moved that Bill 1206 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, • ESTABLISHING THE 2006-2007 NORTH PALM BEACH COUNTRY CLUB RATES FOR GOLF PLAY AND MEMBERSHIP COMMENCING FY 2006-2007; AND PROVIDING FOR AN EFFECTIVE DATE MINUTES OF REGULAR SESSION HELD JULY 27, 2006 be placed on second reading and enactment and read by title alone. Councilman Pierman • seconded the motion, and all present voted aye. President Pro Tem Manuel moved to enact Bill 1206 as Ordinance 2006-12. Councilman Pierman seconded the motion. Councilman O'Meilia moved to amend the rates by leaving the walking fee at $5.00 per person for 18 holes and $3.00 per person for 9 holes. The motion failed for lack of a second. Thereafter, the motion to enact passed unanimously. BILL 1207 -FIRE INSPECTION FEE SCHEDULE -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1207 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, FLORIDA FIRE PREVENTION CODE, OF CHAPTER 12, OF THE CODE OF ORDINANCES OF THE VILLAGE BY CREATING SECTION 12-17, FIRE INSPECTION FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Manuel seconded the motion. Discussion ensued on the effective date for collection of the fee. Councilman O'Meilia -moved to amend the ordinance to state that the effective date-for-collection of fees is October i, 2006. President Pro Tem Manuel seconded the motion, which passed unanimously. Thereafter, the original motion, as amended, passed unanimously. • BILL 1208 -GENERAL EMPLOYEES PENSION BOARD AMENDMENT -PLACED ON FIRST READING Village Attorney George Baldwin noted that the ordinance had been revised to stipulate that when the Mayor designates a councilman to serve in his place it must be in writing. Councilman O'Meilia moved that Bi111208 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-151(a), RETIREMENT BOARD, ESTABLISHMENT, OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE MAYOR SHALL BE A VOTING MEMBER OF THE RETIREMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Pierman seconded the motion, which passed unanimously. By consensus, the Council amended the last line in Section 1(a), ¶2, to read "The mayor may designate in writing another member of the village council to serve in • his place and vote, from time to time. 2 MINUTES OF REGULAR SESSION HELD JULY 27, 2006 BILL 1209 -EMERGENCY GENERATORS -PULLED FROM THE AGENDA • The Village Manager requested that item 6.C.4, first reading of Bill 1209, a proposed ordinance requiring permanently installed emergency generators at all newly constructed automotive service stations which sell gasoline or petroleum products, be pulled from the agenda. Discussion took place on ensuring that the code provision would also apply to rebuilt service stations. The Village Attorney reviewed options including requiring a generator if a station is destroyed by more than 50% and rebuilt, if the site plan is enlarged or altered, and making it effective on all stations within three years from the date of passage of the ordinance. This item will be revised and brought back for first reading. BILL 1210 -GENERAL FUND AND GRANT FUND BUDGET AMENDMENT -PLACED ON FIRST READING President Pro Tem Manuel moved that Bill 1210 entitled AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND AND GRANT FUND BUDGET ORDINANCE 20-2005 FOR THE FISCAL YEAR 2005-2006 TO TRANSFER FUNDS FROM UNRESTRICTED UNRESERVED FUND BALANCE IN THE AMOUNT OF $400,000 TO THE VILLAGE SPECIAL REVENUE GRANT FUND AND TO APPROPRIATE EXPENDITURE OF THESE FUNDS_AS_GRANT. MATCH. IN THE AMOUNT OF $400,000 be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion. • Mr. Bates reported that the Village is in the process of developing a Master Plan for improvements to Anchorage Park and has received grants which will be used to implement phases of the Master Plan. Mr. Bates explained that the Village must match the amount of grant funds awarded by the State, with the grant being monitored by the State of Florida Division of Parks and Recreation and the Village's independent auditor. Thereafter, the motion passed unanimously. CONSENT AGENDA Councilman O'Meilia moved to approve the Consent Agenda. Councilman Pierman seconded the motion, and all present voted aye. The following items were approved: Resolution 2006-52 declaring two vehicles surplus and authorizing their sale at auction Receive minutes of Planning Commission meeting held 6/6/06 Receive minutes of Waterways Board meeting held 6/20/06 Receive minutes of Library Advisory Board meeting held 6/27/06 RESOLUTION 2006-53 ADOPTED -APPROVING SPRINT/NEXTEL LEASE AMENDMENT Councilman O'Meilia moved to take from the table a proposed resolution authorizing the Mayor and Village Clerk to execute 1st Amendment to Communications Site Lease with Nextel South Corp. Councilman Pierman seconded the motion, which passed unanimously. • President Pro Tem Manuel moved that Resolution 2006-53 entitled 3 MINUTES OF REGULAR SESSION HELD JULY 27, 2006 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A FIRST AMENDMENT TO THE CONIMUNICATIONS SITE LEASE AGREEMENT (GROUND) DATED OCTOBER 25, 1999, BETWEEN VILLAGE OF NORTH PALM BEACH, LESSOR, AND NEXTEL SOUTH CORP., LESSEE, WHICH FIRST AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. Mr. Bates reported that Sprint/Nextel will pay the Village $500 per month for the additional leased space to house a permanent generator. Discussion took place on the ability to co-locate additional antennas. Mr. Bates reported that if there were other antennas on the pole, they would have use of the generator. Discussion ensued on the schedule for testing the generator. Wendy Bonner of VCI Group, Inc. was present representing Nextel, and explained that the generator is automatically started remotely on a once a week schedule and runs for ahalf--hour, with engineers making on-site checkup visits once a month. Thereafter, the motion passed unanimously. RESOLUTION 2006-54 ADOPTED -TENTATIVE MILEAGE RATE AND DATE OF FIRST PUBLIC HEARING By consensus; the Council set September 12th as the date for the first-public hearing on the budget. Councilman O'Meilia moved that Resolution 2006-54 entitled • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILEAGE RATE OF 6.6 MILS FOR GENERAL OPERATING BUDGET PURPOSES AND A TENTATIVE MILEAGE RATE OF .0000 MILS FOR DEBT SERVICE FOR A TOTAL COMBINED MILEAGE RATE OF 6.6 MILS FOR FISCAL YEAR 2006/2007; PROVIDING FOR THE ESTABLISHMENT OF AND SETTING FORTH THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO FORMALLY ADOPT THE FISCAL YEAR 2006/2007 MILEAGE RATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Pierman seconded the motion, which passed unanimously. RESOLUTION -PURCHASING POLICY AMENDMENT -TABLED TO 8/10/06 Councilman Pierman moved to adopt a proposed resolution amending the Accounting Policies and Procedures by increasing the purchasing level requiring quotes to purchases above $1,000. President Pro Tem Manuel seconded the motion. Discussion ensued on additional changes to the Accounting Policies and Procedures Manual as set forth in the proposed resolution including a revision to page 8, Section a.2, "Must be awarded on a sealed bid proposal basis by vote of Village Council" and language added to Section b.3 and . c.3, "subject to review and consent of the Finance Director for propriety of public purpose, account coding and reasonable concurrence regarding budgetary availability." 4 MINUTES OF REGULAR SESSION HELD JULY 27, 2006 Councilman O'Meilia moved to amend the resolution by leaving Section a.2. as it is in the original Accounting Policies and Procedures Manual: "Must be awarded on a sealed bid basis..." President Pro Tem Manuel seconded the motion. Discussion took place on requiring Council approval prior to issuance of requests for bid proposals if staff decides a bid proposal is more appropriate than a sealed bid. Councilman O'Meilia and President Pro Tem Manuel agreed to amend their motion by revising the language in Section a.2 to read "Must go out on a sealed bid basis or bid proposal basis as determined by vote of Village Council." After further discussion, Councilman O'Meilia and President Pro Tem Manuel agreed to amend their motion so that Section a.2 would read: "Must go out on a sealed bid basis unless a bid proposal basis is approved by vote of Village Council." Thereafter, the motion to amend failed 2 - 2, with Councilman O'Meilia and President Pro Tem Manuel voting aye, and Councilman Pierman and Vice Mayor Eissey voting nay. Vice Mayor Eissey passed the gavel to President Pro Tem Manuel and moved to table this item to the next meeting. Councilman Pierman seconded the motion, and all present voted aye. It was requested that staff come back with something more acceptable, based on Council discussion. RESOLUTION 2006-55 ADOPTED -APPOINTING JAMES PETERSON TO GENERAL EMPLOYEES PENSION BOARD By written ballot, a copy of which is attached to the copy of record the Council appointed James -- Peterson to the Pension Board for General Employees. Thereafter, the-name of James Peterson was entered into Resolution 2006-55. • Councilman O'Meilia moved that Resolution 2006-55 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE PENSION BOARD FOR GENERAL EMPLOYEES OF THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion and all present voted aye. RESOLUTION 2006-56 ADOPTED -APPROVING UTILITY TRACTOR PURCHASE President Pro Tem Manuel moved that Resolution 2006-56 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE PURCHASE OF A UTLITY TRACTOR WITH OPTIONS FROM SUNRISE TRACTOR AND EQUIPMENT OF WEST PALM BEACH AT THE PRICE OF $27,995.00 AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Pierman seconded the motion. Discussion took place on bidding. Mr. Bates noted that the purchase price is below the state contract price. Village Attorney George Baldwin advised that the Accounting Policies and Procedures Manual provides that the • Council can waive the purchasing regulations, therefore approval of this resolution waives the bidding process. Thereafter, the motion passed 3 - 1, with President Pro Tem Manuel, Councilman Pierman, and Vice Mayor Eissey voting aye, and Councilman O'Meilia opposed. 5 MINUTES OF REGULAR SESSION HELD JULY 27, 2006 RESOLUTION 2006-57 ADOPTED -APPROVING PURCHASE OF CUSHMAN HAULSTERS • Councilman O'Meilia moved that Resolution 2006-57 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF TWO (2) CUSHMAN HAULSTERS IN AN AMOUNT NOT TO EXCEED $20,000.00 FROM THE KILPATRICK COMPANY, INC., BOYNTON BEACH, FLORIDA; FUNDS TO BE EXPENDED FROM ACCOUNT A7020-66490 (MACHINERY AND EQUIPMENT- SANITATION DIVISION) AND ACCOUNT A7020-66410 (AUTOMOTIVE -SANITATION DIVISION) be adopted. President Pro Tem Manuel seconded the motion and all present voted aye. RESOLUTION -POOL BATHROOM RENOVATION -FAILED Vice Mayor Eissey passed the gavel to President Pro Tem Manuel and moved to adopt a proposed resolution waiving formal bidding procedures and approving quotation of Tordale Contracting, LLC for pool bathroom renovation in an amount not to exceed $63,588. Councilman Pierman seconded the motion. Discussion ensued on the time needed to go out for bid and the ability to have the renovation of the pool bathrooms and pool deck completed by the end of November. Thereafter, the motion failed 1 - 3, with Vice Mayor Eissey voting aye, and Councilman-Pierman,Gounciloran-O'Meilia~-and-President -Pro Tem Manuel voting-nay. The Council requested that the bathroom renovation project go out for bid. • MAYOR AND COUNCIL MATTERS/REPORTS Discussion was held regarding a letter from Mr. D'Ambra concerning temporarily closing the Country Club restaurant and lounge. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported that proposals to provide annual independent auditing services to the Village are due 8/17/06. Mr. Bates discussed the preparation of the Village's Evaluation and Appraisal (EAR) report, which is due 10/1/06. Mr. Bates will report back on the status ofthis item at the next meeting. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:38 p.m. ~- Melissa Teal, CMC, Village Clerk • 6 BALLOT GENERAL EMPLOYEES PENSION BOARD July 27, 2006 Vacancies: 1 -resident member Round 1 Round 2 Round 3 Fitzgerald, Elaine Peterson, James -- - -- o erts-Karen U BALLOT . GENERAL EMPLOYEES PENSION BOARD July 27, 2006 Vacancies: 1 -resident member Round 1 Round 2 Round 3 Fitzgerald, Elaine Peterson, James o arts;- wren r (Signatu ) • BALLOT GENERAL EMPLOYEES PENSION BOARD July 27, 2006 Vacancies: 1 -resident member Round 1 Round 2 Round 3 Fitzgerald, Elaine Peterson, James ~ - - ___ o erts-Karen ~~~ (Signature) • BALLOT GENERAL EMPLOYEES PENSION BOARD July 27, 2006 Vacancies: 1 -resident member Round 1 Round 2 Round 3 Fitzgerald, Elaine Peterson, James Roberts,-Karen (Signature) ~~ ~J r~ CLERK'S TALLY SHEET GENERAL EMPLOYEES PENSION BOARD July 27, 2006 Vacancies: 1 -resident member Round 1 Round 2 Fitzgerald, Elaine Peterson, James ~ Roberts,-Karen _ _ _ ~ - (Signature) Round 3